'Guns-in-trunks' legislation may be back

State lawmakers likely to bring issue back for debate in 2013

Aug. 21, 2012

Written by

Josh Brown

The Tennessean

The next state lawmaking session is five months away, but gun rights and business groups are already gearing up for another fight over whether workers can keep guns inside their vehicles on the job.

Bills that would allow gun owners to keep firearms in their cars, even in their employers’ parking lots, have percolated in the General Assembly for several years. During the most recent legislative session, such measures never made it to the House or Senate floor for a vote.

But the discussion next year could look different. Second Amendment advocates spent tens of thousands of dollars on ads attacking state Rep. Debra Maggart, R-Hendersonville, who earlier this year blocked a “guns-in-trunks” measure. She lost her bid for re-election.

Even before this month’s primary elections in Tennessee, a coalition of 20 business groups from across the state sent letters to legislative candidates warning them about the potential impact passage would have.

“It creates a dangerous working environment for employees, customers and visitors,” the groups wrote in a July 24 letter. “It burdens a business with expensive potential liability at a time when they can least afford it.”

Still, two lawmakers have indicated they plan to introduce guns-in-trunks bills in 2013.

“I have filed the bill for the last four years, and I am sure it will be filed again,” Rep. Joshua Evans, R-Greenbrier, said in an email. “That does not mean it will move forward this session, but I think we will sit down and have a full discussion on the issue with the caucus and with all of the interested stakeholders.”

State Sen. Stacey Campfield, R-Knoxville, said he also is considering sponsoring a measure.

“I’m open to being the vehicle to move some things forward,” he said. “But I don’t want to get involved if anyone is making threats at people.”

NRA stands firm

Campfield was referring to the National Rifle Association, which spent more than $75,000 on ads attacking Maggart. Campfield said many legislators are upset over the NRA turning on lawmakers who traditionally have supported gun rights legislation.

“They didn’t think things were handled fairly,” he said. “A lot of people just think they were just trying to flex some muscle.”

Chris Cox, the NRA’s chief lobbyist, said the group is unapologetic about its pursuit of Second Amendment rights.

“The leadership kept it bottled up and wouldn’t allow a vote,” he said. “We will continue to pursue what we consider a self-defense legislation.”

Business groups that opposed the bills said some versions were too broad and seemed to allow gun owners to take their firearms onto any private property against the wishes of its owner — including residences and open parking lots owned by businesses such as retailers and theaters. Under current state law, businesses can prohibit guns inside their buildings and in their parking lots.

Cox said it was never the NRA’s intention to allow guns to be taken into private residences, and the group would support an exemption.

“There’s a difference between a driveway at home and a parking lot at work,” he said.

'Balancing of rights'

Bill Ozier, chairman of the Tennessee Chamber of Commerce and Industry, said businesses need to be allowed to maintain a safe workplace for their employees.

“This is not an anti-gun position from the business community,” he said. “It’s more of a balancing of rights. There are lots of chamber members who are very pro-gun … hunters, target shooters. We’re not trying to restrict anyone’s rights in those areas.”

In the most recent legislative session, business groups accused the NRA of being unwilling to work toward a compromise, such as adding exemptions for employers who control access to their parking lots with gates or security guards.

In Georgia, the NRA backed a bill that offered a similar exemption.

In a bid to help reach a resolution, the chamber might go as far as proposing a bill itself during the next session, Ozier said.

“We are looking at, is there a bill that we can propose that would provide some of what the NRA and other groups are looking for, but at the same time protect the property rights of employers and property owners?” he said.

Cox said there’s always room for discussion. “But we won’t back away from our position, which is that law-abiding citizens have a fundamental right to defend themselves to and from work,” he said.

The recent shootings in Colorado and elsewhere also have highlighted the importance of having a meaningful discussion on guns-in-trunks proposals, Ozier said.

“I think it just more reinforces the feeling that we need to control what is brought onto our private property,” he said. “I’m not sure having more people armed is the answer to all of that.”

Zan Blue, who represents the Tennessee Business Roundtable, another group that opposes the gun rights measures, said recent high-profile shootings, including in Colorado, will have little impact on the outcome of next year’s legislative session.

“It’s going to have an affect on the nature of the debate, but I don’t think it’s going to change anyone’s positions,” Blue said.

Meanwhile, businesses will be watching carefully,

Many hope any new law doesn’t rein in their ability to decide for themselves.

Jerry Askew, senior vice president for governmental relations at Knoxville-based Tennova Healthcare, said his company is opposed to measures that would allow guns in hospital parking lots.

“Given the increasing violence against health care workers that we see across the nation, particularly in emergency rooms, I don’t think we have any choice but to maintain our position against the introduction of more weapons at our hospitals.”

Some businesses, such as General Shale Inc., a Johnson City-based brick and concrete block manufacturer and supplier, are caught in the middle.

“We are a company with private property rights,” Mark Kinser, the company’s vice president of corporate development, said. “But we also have employees who have their rights under the Second Amendment. We have a policy that no firearms are allowed on our property. Do we search cars? No.”

Kinser said he can see both sides.

“I’m not saying we’re in support one way or another as a company,” he said. “If the legislation came through tomorrow, then we would have to address it.”